N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Health and Morals / ARTICLE Controlled Substances Offenses
New York Consolidated Laws

N.Y. Penal Law § 220.50 (2026)

Criminally using drug paraphernalia in the second degree

✓ current as of May 2026
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§ 220.50 Criminally using drug paraphernalia in the second degree.
  A person is guilty of criminally using drug paraphernalia in the
second degree when he knowingly possesses or sells:
  1. Diluents, dilutants or adulterants, including but not limited to,
any of the following: quinine hydrochloride, mannitol, mannite, lactose
or dextrose, adapted for the dilution of narcotic drugs or stimulants
under circumstances evincing an intent to use, or under circumstances
evincing knowledge that some person intends to use, the same for
purposes of unlawfully mixing, compounding, or otherwise preparing any
narcotic drug or stimulant; or
  2. Gelatine capsules, glassine envelopes, vials, capsules or any other
material suitable for the packaging of individual quantities of narcotic
drugs or stimulants under circumstances evincing an intent to use, or
under circumstances evincing knowledge that some person intends to use,
the same for the purpose of unlawfully manufacturing, packaging or
dispensing of any narcotic drug or stimulant; or
  3. Scales and balances used or designed for the purpose of weighing or
measuring controlled substances, under circumstances evincing an intent
to use, or under circumstances evincing knowledge that some person
intends to use, the same for purpose of unlawfully manufacturing,
packaging or dispensing of any narcotic drug or stimulant.
  Criminally using drug paraphernalia in the second degree is a class A
misdemeanor.
Notes of Decisions
Cited in 77 cases (15 in the last 5 years), 1972–2026 · leading case: People v. Hines, 762 N.E.2d 329 (NY 2001).
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People v. Hines, 762 N.E.2d 329 (NY 2001). · cites it 4× “16 [1] [possession with intent to sell]), and criminally using drug paraphernalia in the second degree (Penal Law § 220.50 [3] [possession of scales and balances under circumstances evincing an intent to use them for manufacture or sale of a narcotic drug]).”
The People v. Stanley R. Kims, II, 24 N.E.3d 573 (NY 2014). “25), and two counts of criminally using drug paraphernalia in the second degree (Penal Law § 220.50 [2] , [3]). The court sentenced defendant as a second felony offender to 16 years’ incarceration followed by five years’ post-release supervision on the criminal possession of a…”
People v. Shelton, 136 Misc. 2d 644 (N.Y. City Crim. Ct. 1987). · cites it 7× “36), and criminally using drug paraphernalia in the second degree (Penal Law § 220.50). Defendant now moves pursuant to CPL 170.”
Hernandez v. Conway, 485 F. Supp. 2d 266 (W.D.N.Y. 2007). · cites it 3× “16(1)) on March 2, 2000; • Count Eight: Criminally Using Drug Paraphernalia (glassine envelopes for the distribution of narcotics) in the Second Degree ( N.Y. Penal Law § 220.50 (2)) on March 2, 2000; • Count Nine: Criminal Mischief (damaging a police vehicle) in the Third…”
People v. Yancy, 654 N.E.2d 1233 (NY 1995). · cites it 2× “21 [1]) and criminally using drug paraphernalia in the second degree (Penal Law § 220.50 [2], [3]). Defendant Yancy was indicted for criminally using drug paraphernalia in the second degree (Penal Law § 220.”
People v. Way, 147 Misc. 2d 821 (N.Y. Sup. Ct. 1990). · cites it 9× “16) and criminally using drug paraphernalia in the second degree (Penal Law § 220.50). Defendants move for an order suppressing vials, plastic bags containing cocaine, and an aluminum foil packet containing cocaine, on the ground that the physical evidence was obtained by the…”
People v. LaFontaine, 705 N.E.2d 663 (NY 1998). “16 [1], [12]) and one count of criminally using drug paraphernalia in the second degree (Penal Law § 220.50). Defendant moved to sup *473 press the evidence seized from his apartment as the fruit of an unlawful arrest.”
People v. Mason, 136 Misc. 2d 968 (N.Y. City Crim. Ct. 1987). · cites it 6× “03), criminally using drug paraphernalia in the second degree (Penal Law § 220.50), loitering in the first degree (Penal Law § 240.”
People v. Patterson, 2021 NY Slip Op 06010 (N.Y. App. Div. 2021). “under circumstances evincing an intent to use, or under circumstances evincing knowledge that some person intends to use, the same for the purpose of unlawfully manufacturing, packaging or dispensing of any narcotic drug" (Penal Law § 220.50 [2]). "Constructive possession may be…”
People v. Shire, 77 A.D.3d 1358 (N.Y. App. Div. 2010). · cites it 2× “limited to, any of the following: quinine hydrochloride, mannitol, mannite, lactose or dextrose, adapted for the dilution of narcotic drugs or stimulants under circumstances evincing an intent to use, or under circumstances evincing knowledge that some person intends to use, the…”
People v. Harvey, 96 A.D.3d 1098 (N.Y. App. Div. 2012). “16 [1]), and that he knowingly possessed a scale used to weigh the cocaine under circumstances evincing his intent to unlawfully package or dispense it (see Penal Law § 220.50 [3]). In addition to the testimony of Jones and Foley as to their observations of defendant when they…”
People v. Retamozzo, 25 A.D.3d 73 (N.Y. App. Div. 2005). “defendant with criminally using drug paraphernalia, a crime which required the People to prove defendant possessed the digital scale “under circumstances evincing an intent to use, or under circumstances *81 evincing knowledge that some person intend[ed] to use, the [scale] for…”
Show all 77 citing cases →
— N.Y. Penal Law § 220.50(2) — 2 cases
United States v. Real Prop.: 835 Seventh Street Rensselaer, 820 F. Supp. 688 (N.D.N.Y. 1993).
Rodriguez v. LaManna (S.D.N.Y. 2021).
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